“Music is one of the oldest forms of human expression. From Plato’s discourse in the Republic to the totalitarian state in our own times, rulers have known its capacity to appeal to the intellect and to the emotions, and have censored musical compositions to serve the needs of the state . . . The Constitution prohibits any like attempts in our own legal order. Music, as a form of expression and communication, is protected under the First Amendment.”
— Justice Kennedy, writing for the majority, Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989).
“Noise can be regulated by regulating decibels. The hours and place of public discussion can be controlled. But to allow the police to bar the use of loud-speakers because their use can be abused is like barring radio receivers because they too make a noise. The police need not be given the power to deny a man the use of his radio in order to protect a neighbor against sleepless nights. The same is true here. Any abuses which loud-speakers create can be controlled by narrowly drawn statutes.”
— Justice Douglas, writing for the majority, Saia v. New York, 334 U.S. 558, 561-2 (1948).
This past week a coalition of thirteen neighborhood groups of varying levels of legitimacy proposed a seven-point scheme for controlling excess “noise” in the City of New Orleans, particularly in the French Quarter. They claim that their plans are eminently reasonable. I’ll summarize their proposals. I’ll leave it up to you to decide whether they are reasonable: Continue reading »